DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 1.06 MB)
Compensation for Damaging a Reputation

The Torah presents a case of a "Mosi Shem Ra" (one who gives a bad name), in which a husband accuses his bride of not being a Betulah (virgin). In the event that the accusation is proven false, the husband is fined 100 coins as a penalty for besmirching a Jewish maiden.

The Terumat HaDeshen (R. Yisrael Isserlin, 1390-1460, Austria, Siman 307) was asked about applying this Halacha to the following case. Reuven, a Chazzan in a Bet Knesset, was accused by Shimon of being a Noef (adulterer). In light of these charges, the community removed him from his position and hired a new Chazzan in his stead. Eventually, the accusations were proven false. Reuven sought to regain his position, but it was already filled by the new Chazzan. Reuven then sued Shimon for damages as compensation for losing his job.

While logic might tell you that Reuven is entitled to compensation, the Terumat HaDeshen rules that he is not liable. The precedent of "Mosi Shem Ra," presented by the Torah is a special case that only applies to accusations made by a husband regarding his wife. Clearly, Shimon violated many prohibitions, and Reuven is not obligated to forgive him. However, although there are no monetary damages, Bet Din is permitted to impose a "Knas" (fine) on Shimon to create a deterrent in the community and prevent this type of injustice from happening again.

 


Recent Daily Halachot...
Determining the Yartzeit of Somebody Who Passed Away During Adar Rishon
How to Determine the First Yartzeit During a Leap Year
When Should A Mourner Begin To Sit Shiva If Remaining Out Of Town Away From The Place of The Funeral and Burial
Is It Permissible To Place Memorial Tomb Stones At The Graves of Tzadikim
Visiting A Grave Twice In One Day, and Reciting A Pasuk At A Grave
Yichud- (Series Conclusion) Can A Stranger Be Alone With A Mother And Daughter
Yichud- Is It Permissible For A Man and Lady To Be Alone In The Back of A Limousine or Ambulance
Yichud- How The Laws of Yichud Apply In An Office
Yichud- Can A Young Boy's Presence Protect Against Yichud
Yichud- Can A Young Girl Also Protect Against Yichud As A Wife Does Through The Leniency of ‘Ishto Imo’
Yichud- Some Questions and Exceptions On ‘Ishto Mishamarto’- (The Leniency When A Wife is With Her Husband)
Yichud- Is It Permissible For A Lady To Be Alone With A Male Doctor
Yichud- Is It Permissible for A Man and A Woman To Be Secluded In A Car
Yichud- Is It Permissible To Ride In An Elevator Alone A With A Lady
Yichud- Can An Unmarried Female Baby Sitter Be Alone Watching Young Boys
Page of 239
3585 Halachot found